From November 27, 2023, What Documents are Required for Proposing the Operation of a Ship Demolition Facility?
What documents are required for the application to put a ship dismantling facility into operation starting from November 27, 2023?
Pursuant to Article 9 of Decree 82/2019/ND-CP, as amended by Clause 2, Article 4 of Decree 74/2023/ND-CP, the application for putting a ship dismantling facility into operation from November 27, 2023, shall include the following documents:
- A written request to put the ship dismantling facility into operation;- The environmental permit of the ship dismantling facility owner issued by a competent state authority (certified copy or copy with the original for comparison or electronic copy or electronic copy from the original record book or certified electronic copy from the original);- The process of controlling hazardous factors, harmful elements, and the plan for handling technical incidents causing serious occupational safety and hygiene issues (original or certified copy or electronic copy or certified electronic copy from the original);- The document for fire prevention and fighting approval, inspection, and acceptance issued by the Fire Prevention and Fighting Police Department (certified copy or copy with the original for comparison or electronic copy or electronic copy from the original record book or certified electronic copy from the original).
What documents are required for the application to put a ship dismantling facility into operation starting from November 27, 2023? (Image from the Internet)
Starting from November 27, 2023, who will have the authority to decide on the immediate suspension or cessation of operation of a ship dismantling facility?
Pursuant to Article 11 of Decree 82/2019/ND-CP, as amended by Clause 3, Article 4 of Decree 74/2023/ND-CP, the following regulations apply for the immediate suspension of the operation of a ship dismantling facility:
Immediate Suspension of Operation of Ship Dismantling Facility
1. The Vietnam Maritime Administration shall decide on the immediate suspension of the facility's operations in case of an accident or incident causing serious consequences to humans or the environment, based on the recommendation of the competent state authority.
2. Based on the recommendations of the competent state authority, within 01 working day from the date of receipt of the written recommendation, the Vietnam Maritime Administration shall review and decide on the suspension of the ship dismantling facility's operations.
3. The Vietnam Maritime Administration shall notify the relevant agencies and publicly announce the immediate suspension of the ship dismantling facility on the Vietnam Maritime Administration's electronic portal.
Pursuant to Article 12 of Decree 82/2019/ND-CP, as amended by Clause 4, Article 4 of Decree 74/2023/ND-CP, the regulations for the suspension of operation of a ship dismantling facility are as follows:
Suspension of Operation of Ship Dismantling Facility
1. The Vietnam Maritime Administration shall decide on the suspension of the ship dismantling facility's operations in the following cases, based on the recommendation of the competent state authority:
a) The ship dismantling facility does not meet the operational conditions specified in Article 7 of this Decree;
b) For reasons of national defense and security assurance;
c) In the event of epidemics, natural disasters, disasters, and other cases as prescribed by law.
2. Based on the recommendations of the competent state authority, within 05 working days from the date of receipt of the written recommendation, the Vietnam Maritime Administration shall review and decide on the suspension of the ship dismantling facility's operations; if the operation of the used ship dismantling facility is not suspended, the Vietnam Maritime Administration must provide a written response stating the reasons.
3. The Vietnam Maritime Administration shall notify the relevant agencies and publicly announce the suspension decision of the ship dismantling facility on the Vietnam Maritime Administration's electronic portal.
Thus, instead of having the Ministry of Transport as the authority to decide on the immediate suspension or cessation of operation of a ship dismantling facility, the new regulation assigns this authority to the Vietnam Maritime Administration.
Who has the authority to decide to put a ship dismantling facility into operation?
Pursuant to Article 8 of Decree 82/2019/ND-CP, as amended by Clause 1, Article 4 of Decree 74/2023/ND-CP, the authority to decide on the operation of a ship dismantling facility is as follows:
Authority to Decide on the Operation of Ship Dismantling Facility
The Director of the Vietnam Maritime Administration decides on the operation of the ship dismantling facility.
Thus, starting from November 27, 2023, the authority to decide on the operation of a ship dismantling facility is vested in the Director of the Vietnam Maritime Administration.
Note: Decree 74/2023/ND-CP takes effect from November 27, 2023. Clause 7, Article 1 of Decree 74/2023/ND-CP will take effect from October 11, 2024.
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